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2006 DIGILAW 2118 (PNJ)

Ram Mehar v. State Of Haryana

2006-05-15

SATISH KUMAR MITTAL

body2006
Judgment Satish Kumar Mittal, J. 1. The complainant Ram Mehar has filed this petition under Section 482 Cr.P.C. for issuing directions to the respondents to hand over the investigation of the case FIR No. 110 dated 6.4.2005 under Sections 364/34 IPC to the CBI or the Crime Branch of Haryana Police. 2. The case of the petitioner is that his son Jai Pal alias Karmu was working as a driver on the truck owned by one Sumit, resident of Rohtak. When the son of the petitioner along with aforesaid Sumit and conductor was going to Himachal Pradesh and when they reached near Gohana on 7.7.2004, they halted the truck at I.B.P. Petrol Pump at Kohand on the National Highway. According to the petitioner, there was some altercation between his son and salesmen about the measurement of the diesel, and the employees at the Petrol Pump inflicted injuries upon the son of the petitioner and he was mercilessly beaten. It is further alleged that his son was taken to the Police Station and was killed by the police officials of Police Station, Gharaunda and his dead body was disposed of, which has not been traced so far. 3. The petitioner further alleged that when he reported the matter to the police, no action was taken as the said petrol pump was managed and run by a politician. Therefore, the police did not record the FIR. Thereafter, when the police did not register the case on the basis of the complaint made by the petitioner, he filed Crl. Misc. No. 56571-M of 2005 for issuing directions for registration of a case. Ultimately, this Court issued direction to the respondents, on the basis of which, the aforesaid FIR was registered and the respondents were directed to expedite the investigation in the aforesaid case. When in the said FIR, no fair investigation was conducted, the petitioner filed the instant petition for issuing direction to hand over the investigation of the said FIR to some independent agency. 4. Pursuant to the notice, a reply has been filed on behalf of the respondents. 5. I have heard the counsel for the parties. Counsel for the respondent- State submitted that the investigation in the aforesaid case has been conducted by three different Station House Officers, Assistant Sub Inspector of Police Station, Gharaunda, Inspector of CIA Staff and the then Deputy Superintendent of Police, Assandh. 5. I have heard the counsel for the parties. Counsel for the respondent- State submitted that the investigation in the aforesaid case has been conducted by three different Station House Officers, Assistant Sub Inspector of Police Station, Gharaunda, Inspector of CIA Staff and the then Deputy Superintendent of Police, Assandh. It has been stated that sincere efforts are being made by the Investigating Officer to trace out the son of the petitioner, but till date no incriminating evidence has come on record. Counsel for the respondent-State further submits that neither the son of the petitioner has been traced nor his dead body has been recovered by the police. On the contrary, counsel for the petitioner submits that since a politician of the State is involved, therefore, the police is not investigating the matter. 6. After hearing the counsel for the parties, I am not satisfied with the investigation being done by the local police. Keeping in view the facts and circumstances of the case and in the interest of justice, I am of the opinion that the investigation in the aforesaid case be handed over to the Superintendent of Police, Crime Branch, Madhuban, who will assign the investigation in the aforesaid FIR to the Deputy Superintendent of Police of the Crime Branch, who will investigate the matter under his direct supervision. 7. Hence, this petition is allowed and the investigation in the aforesaid case is handed over to the Superintendent of Police, Crime Branch, Madhuban, who will assign the investigation to the Deputy Superintendent of Police of the Crime Branch, who will investigate the matter under his direct supervision.